David’s practice is concentrated in the areas of general commercial litigation with an emphasis on the rights of secured creditors, breach of contract, construction disputes, lender liability, fraud, shareholder and partnership disputes, and controversies and transactions involving commercial real estate and project development.
He served as Phillips Lytle’s Managing Partner from 2007-2016 and served as a member of its Governing Committee from 2001-2016. He maintains offices in Buffalo and New York City, and represents individuals, corporations and financial institutions in complex commercial litigation and real estate transactions.
Selected for the Upstate New York Super Lawyers® list, 2007-2024
Listed in The Best Lawyers in America®
Buffalo Business First, Power 250 List
Ranked #242, 2020
Ranked #186, 2019
Ranked #179, 2018
Ranked #182, 2017
Ranked #68, 2016
Ranked #55, 2015
Ranked #61, 2014
Listed in Legal Elite of WNY, Legal Leaders, Business First of Buffalo and Buffalo Law Journal, 2014-2016
Listed in Legal Elite of WNY, Business First of Buffalo and Buffalo Law Journal, 2013
Buffalo Business First, Power 200 List, Ranked #70, 2013
Business First of Buffalo, 612′ C-Level Executive Award, Legal, 2012
Business First of Buffalo, Western New York Most Influential Leaders Award, 2012
Education & Admissions
Education
Louis D. Brandeis School of Law – University of Louisville, J.D., 1986
State University of New York College at Brockport, B.S., 1982
Admitted to Practice
New York
U.S. District Court, Eastern, Northern, Southern and Western Districts of New York
U.S. Court of Appeals, First and Second Circuits
Additional Education & Training
Seneca Nation of Indians Judicial Training, 2014
Experience
Representative Cases
Insurance Co. of the State of Pa. v. HSBC Bank USA, 10 N.Y.3d 32, 852 N.Y.S.2d 812 (2008)
HSBC Bank USA v. The National Equity Corp., et al., 23 A.D. 3d 305, ______ N.Y.S.2d _______ (1st Dep’t 2005) (Affirming confirmation of $25 million arbitration award and dismissal of fraud, RICO, money laundering and UCC-Article 4 counterclaims)
Portera v. HSBC Bank, USA, 291 A.D.2d 348, 737 N.Y.S.2d 912 (1st Dep’t 2002) (executive compensation)
Lost Creek Assocs., LLC v. Marine Midland Bank, 293 A.D.2d 719, 741 N.Y.S.2d 115 (2d Dep’t 2002) (lender liability/failure to fund)
HSBC Bank USA v. The National Equity Corp., et al., 279 A.D.2d 251, 719 N.Y.S.2d 20 (1st Dep’t 2001) (judicial replevin in arbitratable dispute)
HSBC Bank USA v. Handel (In Re Handel), 266 B.R. 585 (Bankr. S.D.N.Y. 2001) (objection to discharge/non-disclosure of assets)
Gibbs v. Marine Midland Bank, N.Y. (In Re Gibbs), 230 B.R. 471 Bankr. D. Conn. 1999) aff’d 229 F.3d 1135, 2000 U.S. App. LEXIS 23769 (2d Cir. 2000) (lender liability/failure to fund)
Marine Midland Bank v. McCarthy, Fingar, Donovan, Drazen & Smith, 271 A.D.2d 414, 705 N.Y.S.2d 651 (2d Dep’t 2000) (legal malpractice in connection with commercial real estate financing)
Marine Midland Bank v. Portnoy (In re Portnoy), 201 B.R. 685 (S.D.N.Y. 1996) (objection to discharge/fraudulent conveyance to off-shore trust)
Dickerson Pond Sewage Works v. Valeria, et al., 231 A.D.2d 488, 647 N.Y.S.2d 268 (1st Dep’t 1996) (adverse possession)
Perfect Fit Glove Co. v. Post, et al., 222 A.D.2d 1025, 635 N.Y.S.2d 917 (4th Dep’t 1995) (restrictive covenant)
Schantz v. Marine Midland Bank (In Re Schantz), 221 B.R. 653 (N.D.N.Y. 1998) (validity of lien on ERISA accounts)
State v. Ins. Co. of the State of Pennsylvania v. HSBC Bank USA, 305 A.D.2d 916, 762 N.Y.S.2d 116 (3d Dep’t 2003) (equitable tracing/conversion)
HSBC Bank USA v. Regional Specialty Food Marketing & Distribution Services, Inc., 741 N.Y.S.2d 791, 294 A.D.2d 803 (4th Dep’t 2002) (foreclosure of access rights)
Hongkong & Shanghai Banking Corp. v. HFH USA Corp., 805 F. Supp. 133, 19 U.C.C. Rep. Serv. 2d (Callaghan) 855 (W.D.N.Y. 1992) (lien attachment/goods in free trade zone)
Activities & Professional Associations
Present Activities
Harvard Law School Leadership in Law Firms Alumni Association
Independent Health Association Inc., Director
Law Exchange International, Chairperson
Wanakah Country Club, President
Society of the Buffalo
Past Activities
Explore & More Children’s Museum, “Play it Forward” Capital Campaign, Chair
New York State Commission on Public Ethics, Commissioner
Buffalo Academy of the Sacred Heart, Board of Directors, Vice President
University at Buffalo School of Law, Dean’s Advisory Council
United Way of Buffalo and Erie County, Board of Directors
National Kidney Foundation of Western New York, Inc., Board of Directors
Federal Bureau of Investigation Citizens’ Academy, Board of Directors
Professional Associations
American Bar Association
Business Law Section
Business and Corporate Litigation Committee
Financial Institutions Litigation Subcommittee
Litigation Section
New York State Bar Association
Business Law Section
Commercial and Federal Litigation Section
Executive Committee, Vice-President, First District